Davis v. Bisgeier
17 Misc. 2d 149, 183 N.Y.S.2d 917, 1958 N.Y. Misc. LEXIS 2286
Opinion
Defendant is obviously guilty of not responding to the notice of examination and relying on the reluctance of the court to strike his answer without giving him an additional chance to appear. A default deliberately incurred should not be opened without the imposition of costs. (Petersdorf v. O’Hagan, 286 App. Div. 1100.)
The order should be modified by imposing $10 costs of motion and as so modified affirmed, with $10 costs.
Concur — Heoht, J. P., Steuer and Tilzer, JJ.
Order modified, etc.
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Davis v. Bisgeier, 17 Misc. 2d 149, 183 N.Y.S.2d 917, 1958 N.Y. Misc. LEXIS 2286 (N.Y. Ct. App. 1958).
17 Misc. 2d 149 (Davis v. Bisgeier) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Petersdorf v. O'Hagan
286 A.D. 1100 (Appellate Division of the Supreme Court of New York, 1955)